On February 14, the Wyoming legislature passed SF 20, the Secretary of State’s omnibus election law bill. Among other things, it gives the Secretary of State authority to charge a fee, which can be paid by any person, if that person wants the elections officials to tally the number of write-in votes any candidate received. This idea would probably be invalidated if it were challenged in court. The U.S. Supreme Court has said several times that governments can’t charge fees for voters or candidates, unless there is a compelling state interest in the fees, and the only state interest the court has accepted has been to keep ballots uncrowded. Filing fees for declared write-in candidates have been invalidated in the California Supreme Court, the 4th circuit, and a U.S. District Court in West Virginia. The bill does not require a fee if it appears the write-in candidate was elected.

SF 20 also slightly tinkers with the number of signatures needed for an independent candidate for district office. Wyoming generally requires independent candidates to submit a petition of 2% of the last vote cast. In the case of an independent candidate for the legislature, the bill provides that 2% should be calculated on the number of votes cast in the last election for that particular legislative office, instead of 2% of the last vote cast for U.S. House within that district. That change makes the calculation easier. In years after redistricting, if that district’s boundaries have changed, the formula set forth in the bill is 2% of the number of registered voters in that new district, as of the day before the previous election. Because Wyoming has election-day registration, the number of registered voters the day before the election is generally a significantly smaller number than the number of registered voters by the end of election day.